Landlord Wins Eviction Case Against Non-Paying Tenant in Huntsville: Lionston Holding Inc. v Bjork 2022
Huntsville Landlord Wins Eviction Case Against Non-Paying Tenant
Summarized by RentZenLast updated: July 22, 2024
Case Summary
67 Main St W, Huntsville, ON P1H2L2
Decision in favor of
landlord
Balance Owed to Landlord
$15,750
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2022
Hearing Date
Oct 2022
Order Date
Oct 28, 2022
Tenancy End Date
Nov 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Lawful rent is $2,024 per month
- No payments made since application filed
- Rent arrears owing to October 31, 2022 are $18,016
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
Case Study
The Tenant provided conflicting details about his financial situation, initially claiming he lost his license to practice as an optometrist due to non-compliance with COVID-19 mandates and had no income, but later testifying he had access to investments to pay the arrears. The Tribunal found greater prejudice to the Landlord in this circumstance and determined a standard order was appropriate.
Arguments and Actions
Tenant
Actions
Tenant testified he lost his license to practice as an optometrist due to non-compliance with COVID-19 mandates and had no income, but later said he had access to investments to pay the arrears.
Decision Summary
The tenancy is terminated unless the Tenant pays $18,202 by October 31, 2022 or $20,226 by November 8, 2022 to void the order. If the Tenant does not void the order, they must pay the Landlord $15,750.83, which includes rent arrears and the application filing fee, minus the rent deposit and interest. The Tenant must also pay daily compensation of $66.54 from October 25, 2022 until they vacate the unit.
Adjudicator Details
LTB Member
Total Orders
244
Landlord Favorable
93.4%
Tenant Favorable
3.3%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$2,024
Rent Arrears
$18,016
Application Fee
$186
Rent Deposit
$2,000
Deposit Interest
$24
Total Owing
$15,750 (Owed to Landlord)
Source
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